(PC) Hernandez v. Welch

Filing 19

ORDER GRANTING 18 Defendant's Ex Parte Application for an Extension of Time Within Which to File a Responsive Pleading signed by Magistrate Judge Sheila K. Oberto on 7/8/2024. Deadline: 08/05/2024. (Xiong, J.)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LEONEL HERNANDEZ, 12 Plaintiff, 13 14 v. J. WELCH, 15 Case No.: 1:23-cv-01563-JLT-SKO ORDER GRANTING DEFENDANT’S EX PARTE APPLICATION FOR AN EXTENSION OF TIME WITHIN WHICH TO FILE A RESPONSIVE PLEADING (Doc. 18) Defendant. 16 Plaintiff Leonel Hernandez is proceeding pro se and in forma pauperis in this civil rights 17 18 action pursuant to 42 U.S.C. § 1983. 19 I. 20 Following screening, this action proceeds on Plaintiff’s Eighth Amendment threat to 21 INTRODUCTION safety claim against Defendant Welch. On June 7, 2024, Defendant filed a waiver of service. (Doc. 17.) A responsive pleading 22 23 was due on or before July 8, 2024. (Id.) On July 3, 2024, Defendant filed an ex parte application 24 for an extension of time within which to file a responsive pleading to Plaintiff’s complaint. (Doc. 25 18.) 26 II. 27 Defendant seeks a 28-day extension of time within which to file a responsive pleading to 28 DISCUSSION Plaintiff’s complaint. (Doc. 18.) Defendant’s motion is supported by the Declaration of Deputy 1 Attorney General Lisa E. Giarratano. (Id. at 5-7.) Defense counsel states she was assigned this 2 action on May 15, 2024. (Id. at 5, ¶ 2.) On June 19, 2024, counsel’s office requested documents 3 from Plaintiff’s current institution, but has not yet received these documents. (Id., ¶ 3, ¶ 4.) 4 Counsel states she will be traveling outside of California between July 2 and July 6, 2024, and the 5 filing deadlines and activities in another action filed in this Court and in other federal district 6 courts compete with the deadline in this action. (Id., ¶ ¶ 5, 6.) Counsel states she also reported for 7 jury duty in a California state court on May 30, 2024, June 5, 2024, and June 6, 2024. (Id., ¶ 7.) 8 Lastly, counsel states her request is not made for the purpose of harassment or undue delay, and 9 she does not believe Plaintiff will be prejudiced by the request. (Id., at 6, ¶ 9.) 10 III. CONCLUSION AND ORDER 11 For good cause shown, IT IS HEREBY ORDERED that Defendant’s ex parte 12 application for an extension of time within which to file a responsive pleading (Doc. 18) is 13 GRANTED. Defendant SHALL file a responsive pleading no later than August 5, 2024. 14 15 16 17 IT IS SO ORDERED. Dated: /s/ Sheila K. Oberto July 8, 2024 . UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?